lundi 24 août 2015

Boards and Associations Does HOA Need Both Husband and Wife (Co-Owners in Ca) Approval for 'Owner' Approval

My question involves a condominium located in the State of California. My spouse was approached by the owner of the unit above ours to seek approval for certain changes that require our approval. One of the changes was to replace carpets with hardwood flooring. The HOA Policy has a policy that requires an Approval Form with detailed information about specifications of hardwood flooring and sound proofing and the form must be approved by the Owner of the unit below. The Policy clearly states that installation of hardwood flooring can cause noise issues with the lower unit. My wife signed the last page of the form without seeing the list of improvements as she relied on the verbal description of the changes by the unit owner seeking approval. There was no mention of the replacement of carpets with hardwood flooring. My spouse and I co-own the condo with both our names on the title. Since the form requires 'Owner' approval, and they did not obtain approval from both of us, can I assert that the HOA did not properly approve the installation of hardwood floors? We have also asked about inspection process and asked for the specifications. The form explicitly requires detail specifications about the flooring and soundproofing for the HOA committee to approve, but there were no detail specifications on the form. The HOA also did not confirm that we had approved it and relied on the one signature from my spouse. This is an older condo and the HOA Policy clearly identifies the noise issue and that the Policy is intended to reduce noise issues. Note that HOA voting is based on a 'Member' and each unit, whether co-owned or not, is allowed only on Member vote in the voting process. However, the Approval Form and Policy specifically use the term 'Owner'.


Boards and Associations Does HOA Need Both Husband and Wife (Co-Owners in Ca) Approval for 'Owner' Approval

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